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(영문) 대구지방법원 2013.09.05 2013노2002
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was in a state of mental disability under the influence of alcohol at the time of each of the crimes in this case, the judgment below which did not reduce the punishment is erroneous in the misapprehension of legal principles as to mental disability, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant is found to have been under the influence of alcohol at the time of the crime of this case, but it cannot be said that there was no longer a lack of ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. The circumstances favorable to the Defendant include: (a) the Defendant’s erroneous recognition of and reflects on the determination of the allegation of unfair sentencing; (b) the Defendant committed the instant crime by contingency under the influence of drinking; and (c) the Defendant’s initial agreement with the victim.

However, the defendant was sentenced to a punishment for the same kind of crime, and in particular, the defendant was sentenced to a suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) on August 30, 2012 and two years for a suspended sentence of one year.

9. 7. The judgment became final and conclusive and conclusive, and was during the suspension period (in particular, in the case, the execution of the sentence was suspended in order to grant the defendant an opportunity to resume as a normal social person because he shows his will of rehabilitation), but does not make efforts for rehabilitation, and again commits the instant crime. In light of the occurrence of the instant crime, the occurrence of the instant crime, and the method of committing the instant crime, etc., the fact that the nature of the crime was poor is unfavorable to the Defendant.

In full view of the above-mentioned normal relationship, the age, character and conduct, environment, etc. of the defendant and various circumstances shown in the pleadings, the above circumstances are examined.

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